Flavcity Giveaway

TIMING  

• Promotion is announced at 11:00 AM CST on Thursday December 8 , 2022 and ends at 11:59 PM CST on Wednesday December 14^th, 2022 
• A Winner will be selected and informed via direct email on Thursday December 15^th by 5:00 PM CST.  

RULES FOR ENTRY  

1. Submit contact information at vitalfarms.com/Flavcitygiveaway to enter.   

2. 10 winners will be selected via a random drawing from email list   

Terms and Conditions  

NO PURCHASE NECESSARY.  VOID WHERE PROHIBITED.  

PROMOTION DESCRIPTION:  The Vital Farms x FlavCity Promotion (the “Promotion”) 11:00 AM CST on Thursday December 8^th, 2022 and ends at 11:59 PM CST on Wednesday December 14th, 2022. on vitalfarms.com/flavcitygiveaway (the “Site”). The 10 winners will be informed via direct email on Thursday December 15^th , 2022 by 5:00 PM CST.  The selected winner has 15 days to respond, or they will be disqualified, and another winner will be selected and notified. The Sponsor of this Promotion is Vital Farms, 3601 S Congress Ave, Ste c-100, Austin, TX 78704 (“Sponsor”).  After the start of the Promotion, any consumer who submits their contact information at vitalfarms.com/flavcitygiveaway, will be entered in a random drawing to receive a year’s worth of Vital Farms eggs and butter in the form of free product coupons. A year’s worth of eggs and butter is defined as 24 dozen eggs & 12 packs of butter (“Prize”) (Approximate retail value: $250).  Limit one (1) Prize per household. The awarding of the Prizes will be determined by random drawing and is not subject to appeal or change. The website database clock will be the timekeeper for purposes of this Promotion.     

ELIGIBILITY / PRIZE CONDITIONS:  Only legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older, who have reached the age of majority in their state of residence as of the time of entry are eligible to enter.  All Prize details are at the sole discretion of Sponsor. If the Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater value may be awarded.    

LIABILITY RELEASE:  Sponsor (A) shall not be responsible or liable for, and is hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or from an entrant’s acceptance, receipt, possession, and/or use or misuse of the Prize, and (B) has not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to the Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose.  

PUBLICITY RELEASE:  By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants Sponsor and its successors, assigns, and licensees, the right to use such entrant’s name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Sponsor from any liability with respect thereto.  

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.  FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN AUSTIN, TEXAS.  

ARBITRATION PROVISION:  By participating in this Promotion, each entrant agrees that any and all controversies, claims, counterclaims or other disputes entrant may have with, or claims entrant may have against the Sponsor relating to, arising out of or connected in any way with (A) the Promotion, (B) the awarding or redemption of any prize, and/or (C) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions including, but not limited to, a claim that all or any part of these Terms and Conditions is void or voidable.  

If an entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.  

This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. The entrant and Sponsor also have the right to bring qualifying claims in small claims court.  In addition, the entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.    

Neither the entrant nor Sponsor may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only the entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  Notwithstanding anything to the contrary herein, the arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (which may include public injunctive relief), as if the action were brought in court on an individual basis.   

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.   If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect.  No waiver of any provision of this Section of these Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of these Terms and Conditions. This Section of these Terms and Conditions will survive the termination of your relationship with Sponsor.  

PRIVACY POLICY:  Except as otherwise disclosed in these Terms and Conditions, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used in accordance with the online privacy policy available at https://vitalfarms.com/privacy-policy/.  Additionally, each collaborator involved has their own privacy policy and entrants should refer to each collaborator’s respective website for more information.